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APPROVED MINUTES
SUNNYVALE CITY COUNCIL
November 1, 2005
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The City Council of the City of Sunnyvale met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Vice Mayor Swegles presiding. |
SALUTE TO THE FLAG
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Vice Mayor Swegles led the salute to the flag. |
ROLL CALL
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PRESENT: |
Vice Mayor Ron Swegles
Councilmember Fred Fowler
Councilmember Julia Miller
Councilmember John Howe
Councilmember Melinda Hamilton
Councilmember Otto Lee
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ABSENT: |
Mayor Dean Chu (excused) |
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STAFF PRESENT: |
Amy Chan, City Manager
Robert Walker, Assistant City Manager
David Kahn, City Attorney
Robert Paternoster, Director of Community Development
Jack Witthaus, Transportation and Traffic Manager
Kristen Nigriny, Child Care Manager
Katherine Bradshaw Chappelear, City Clerk |
PUBLIC ANNOUNCEMENTS
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Councilmember Howe reported that the City of Sunnyvale has prevailed in a court case involving Thompson Pacific Construction Co., the contractor for the Sunnyvale Senior Center. He congratulated City staff on successfully defending the City on this matter.
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Councilmember Miller also congratulated the City Attorney’s office, particularly Natalie West, for the successful conclusion to the Thompson Pacific Construction Co. litigation.
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Councilmember Miller thanked City Manager Amy Chan and Public Safety Director Don Johnson for allowing one of Sunnyvale’s officers to participate in Camp Anytown at Fremont High School. She stated that she has received very favorable feedback related to Sunnyvale’s participation.
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Councilmember Miller stated that, at the last Council meeting, she inadvertently voted incorrectly on Proposition 74 related to “Public School Teachers. Waiting Period for Permanent Status. Dismissal”. She noted that the motion was to oppose the proposition, that she voted “No” and that it was her intent to vote “No” on the proposition, not on the motion to oppose. While she noted that the City Attorney advised her that her vote cannot be changed after the matter is concluded, she wanted to clarify her intent.
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Councilmember Fowler announced that the Fall Recruitment for Board and Commission Members is underway and that the deadline for filing applications is November 18, 2005. He noted that there are vacancies on the Arts Commission, Board of Building Code Appeals, Heritage and Preservation Commission, Housing and Human Resources Commission, and the Personnel Board. He encouraged interested residents to apply and stated that applications are available on the City’s web site and in the City Clerk’s office.
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Jeanine Stanek announced that on November 10, 2005, longtime Sunnyvale resident Ann Zarko will be celebrating her 95th birthday. She stated that she would like to publicly acknowledge not only Mrs. Zarko’s longevity, but her generous contributions to the community, particularly to the Historical Society Museum. Vice Mayor Swegles extended the Council’s sincere congratulations on this occasion and Council Members signed a birthday card which will be delivered to Mrs. Zarko.
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Wallace Harper, Vice Chair of the Sunnyvale Arts Commission, noted the importance of the arts in our lives. He asked that the City join in the acknowledgement of October as National Arts and Humanities Month.
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Harriet Rowe presented comments related to the importance of voting.
CONSENT CALENDAR
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Councilmember Miller asked that Item 1.G. related to confirmation of a new member to the NOVA Workforce Board be removed from the Consent Calendar.
Councilmember Hamilton asked that Item 1.H. related to rezoning of property located at 610 Alberta Avenue be removed from the Consent Calendar.
Moved by Councilmember Hamilton and seconded by Councilmember Miller that the Consent Calendar, with the exception of Items 1.G. and 1.H. be approved. Motion carried 6-1, with Mayor Chu absent. |
Fiscal Items
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1.D. |
RTC 05-325 |
List of Claims and Bills Approved for Payment by the City Manager (List No. 270)
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Council reviewed List of Claims and Bills approved for payment by the City Manager. (List No. 270)
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1.E. |
RTC 05-322 |
Adoption of Work Plan for Update of Fiscal Sub-Element of General Plan (Study Issue)
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Council approved adoption of Work Plan for Update of Fiscal Sub-Element of General Plan (Study Issue). |
Personnel
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1.F. |
RESOLUTION
RTC 05-327 |
Amendment of City’s Contribution for PERS Medical Insurance for SEA Annuitants
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Council approved Alternative No. 1, adoption of a Resolution entitled, “A Resolution of the City Council of the City of Sunnyvale Fixing the City’s Contribution for Medical Insurance as Employer Under the Public Employees Medical and Hospital Care Act for Sunnyvale Employees’ Association Annuitants (SEA)” amending the City’s contribution for medical insurance with PERS to conform to the Public Employees’ Medical and Hospital Care Act. |
Other Items
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1.G. |
RTC 05-324 |
Approval of Confirmation of a New Member to the NOVA Workforce Board
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Councilmember Miller congratulated Deborah Sweeney on her nomination and appointment to the NOVA Workforce Board.
Moved by Councilmember Miller and seconded by Councilmember Hamilton that Deborah Sweeney be confirmed as a member of the NOVA Workforce Board.
Motion carried 6-1, with Mayor Chu absent.
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1.H. |
ORDINANCE
No. 2794-05 |
Adoption of an Ordinance of the City Council of the City of Sunnyvale Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Property Located at 610 Alberta Avenue from MHP (Mobile Home Park) to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District
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Councilmember Hamilton asked for clarification that the matter before the Council this evening relates to the rezoning, and not the plan as was discussed at the Council meeting of October 25, 2005. She noted that she is in favor of the rezoning, but not the plan.
City Attorney David Kahn clarified that this evening’s action only relates to the rezoning of the property, and not to the plan.
Councilmember Lee stated that he is opposed to the plan and will not be supporting the rezoning ordinance.
Vice Mayor Swegles opened the matter to public comment.
No one in the audience wished to speak and Vice Mayor Swegles closed the matter to public comment.
Moved by Councilmember Hamilton and seconded by Councilmember Fowler that Ordinance No. 2794-05 entitled, “An Ordinance of the City Council of the City of Sunnyvale Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Property Located at 610 Alberta Avenue from MHP (Mobile Home Park) to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District” be declared adopted. Motion carried 5-1-1, with Councilmember Lee voting “No” and Mayor Chu absent.
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STAFF RESPONSES TO PRIOR PUBLIC COMMENTS
City Manager Amy Chan referred to comments made at the Council meeting of October 25, 2005 by Shaun O’Keeffe, owner of Scruffy Murphy’s on Murphy Street. She stated that a new streetscape plan would be discussed by the City Council at its regular meeting of November 22, 2005, and that merchants are encouraged to present their ideas for incorporation into the new plan. She noted that full implementation of the plan would take 12-18 months and that in the interim, short-term concerns could better be addressed by the Downtown Merchants Association. She stated that removal or relocation of planter boxes and ashtrays as suggested by Mr. O’Keeffe would have to be consistent with the streetscape plan ultimately adopted by the City Council.
Councilmember Miller stated that she has had several conversations with Mr. O’Keeffe related to this matter and understands that the planter boxes are not the problem. She stated that the permanently installed ashtray and trash receptacle are the obstructions that keep him from offering outdoor dining to his customers. She asked if these issues have been addressed.
City Manager Chan stated that she has visited the site, as has Councilmember Howe and Assistant City Manager Walker, and that they have determined that the ashtray and trash receptacle have to be located somewhere, and if the Downtown Merchants Association agrees where they should be moved, then the issue could be resolved. She noted that, because of limited space on Murphy Street, there are not a lot of options as to where these amenities can be placed.
PUBLIC COMMENTS
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There were no public comments. |
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
RTC 05-323 |
Sunnyvale Bicycle Map Update – Study Issue
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Jack Witthaus, Transportation and Traffic Manager, presented the staff report.
Councilmember Miller stated that the Air District will be considering an appropriation in excess of $300,000 for a bicycle lane on Evelyn Avenue. She asked if this project is included on the map and when is it scheduled for completion.
Transportation and Traffic Manager Witthaus stated that it is included on the map as a pending project and should be completed in summer 2006.
Councilmember Hamilton asked if BPAC’s recommendations have been incorporated into the documents.
Transportation and Traffic Manager Witthaus stated that they have.
At 7:37 p.m., Vice Mayor Swegles opened the public hearing.
Arthur Schwartz thanked BPAC staff and the City Council for the excellent bicycle lane program in Sunnyvale. He noted that the number of bicyclists is steadily increasing.
Kevin Jackson, BPAC member, stated that he supports approval of the new bike map, commended the Public Works staff for developing the updated documents and encouraged them to get the new information to the public as soon as possible.
Tom Mayer, BPAC Chair, reviewed some bicycle safety issues and stated that staff has been very busy developing bicycle lanes.
There was no one else in the audience wishing to speak and Vice Mayor Swegles closed the Public Hearing at 7:41 p.m.
Moved by Councilmember Howe and seconded by Councilmember Hamilton that Council approve the 2005 Sunnyvale Bicycle Map in substantially the same form as presented, with factual errors and BPAC’s input reconciled/corrected before final printing. Motion carried 6-1, with Mayor Chu absent.
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3. |
RTC 05-326 |
Explore the City’s Role in Supporting Universal Preschool – Study Issue
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Kristen Nigriny, Child Care Manager, presented the staff report.
At 7:46 p.m., Vice Mayor Swegles opened the Public Hearing.
Maxine Shea, representing the City’s Child Care Advisory Board, stated that the Board supports the recommended actions as outlined in the staff report.
There was no one else wishing to speak and Vice Mayor Swegles closed the Public Hearing at 7:48 p.m.
Councilmember Lee stated that he received an E-mail on this subject and asked staff if they had received any such communications.
Child Care Manager Nigriny stated that she was made aware this evening that Councilmember Lee had received a communication on this subject; she stated she has not received any such communications.
Moved by Councilmember Miller and seconded by Councilmember Lee that Council direct implementation of Alternative Nos. 1 through 5 as listed below:
1. Approve a Legislative Action Position to support the concept of Universal Preschool.
2. Support the efforts of First 5 Santa Clara County in implementing their “Preschool for All” Master Plan.
3. Assist De Anza College and Mission College with locating market rate classroom space in Sunnyvale for college-level child development and early education classes.
4. Develop and administer, in conjunction with De Anza College and Mission College, a survey to determine the current educational needs and aspirations of the Sunnyvale child care community.
5. Assist De Anza College with locating practicum sites (for students enrolled in their child development classes) at Sunnyvale child care centers and preschools.
Councilmember Lee stated that the email referred to earlier in the evening was from a resident urging that the Council table this item because “government cannot solve all of the problems.” He stated that he feels it is important to create a “level playing field” for children as they go into kindergarten.
Motion carried 6-1, with Mayor Chu absent. |
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COUNCIL: |
• Councilmember Miller complimented staff on the Information Only Report related to the Update on Community Linkages with the Sunnyvale Department of Public Safety and asked if it were on the City’s web site. City Manager Chan replied that it is on the web site.
• Councilmember Miller stated that she and Councilmember Hamilton attended a brief reception today at NASA Ames for Space World. She noted that the vision of having an air and space center is being realized and that it will be located outside in the bubble.
• Councilmember Miller stated that she would like to ask for two study issues to be considered at the December Study Issue Workshop: (1) The creation of an Ethics Committee. She noted that Mayor Chu had advised her that he did not think it was appropriate to have an Ethics Committee during a campaign season. She asked for support of her colleagues on this request; and (2) The matter of political signs on public property; she noted that the city of Mountain View has a resolution allowing political signs on certain public properties and would like to see Sunnyvale investigate the possibility of such a resolution.
• Councilmember Miller stated that there is a Study Issue on the calendar related to telecommunication poles being located on City property and she will not be on the Council to vote on the issue. She stated that she has received a considerable amount of positive input from residents on this matter because they feel it would prevent these poles from intruding on private property and also create a revenue source for the City.
• Regarding her service on the Bay Area Air Quality Management District, Councilmember Miller noted the successful completion of the “Spare the Air” Program and announced that, from November 14, 2005 through February 17, 2006, the District is sponsoring a “Spare the Air Tonight” Program which will focus on protecting the public health. She stated that, with gas rates projected to be high this winter, there will be a higher usage of fireplaces which will increase air pollution. She stated that the District will be sending out advisories when the air quality reaches 130 on the Air Quality Index of Particulates scale.
• Councilmember Howe requested a Study Issue on the interface between El Camino Real and residential properties.
• Councilmember Howe stated that he attended the Fremont Union High School District Education Foundation dinner last Thursday at the Del Monte Building and that it was well attended. He complimented the Del Monte staff on the successful event.
• Councilmember Lee stated that he attended PG&E’s briefing this morning on the projected 60% increase in rates for natural gas. He noted that they offered suggestions to help reduce costs including: (1) setting thermostats at 68 degrees or lower during the day, health permitting, and 55 degrees at night or when away for more than four hours, and (2) weather stripping and caulking around doors, windows, and pipes; and lowering water heaters to 120 degrees.
• Councilmember Lee asked that staff report at the next Council meeting on any steps the City is taking to prepare for the Avian Flu Pandemic.
• It was determined that the information offered by PG&E be put on the City’s web site.
• Councilmember Fowler reminded everyone to vote next Tuesday, November 8, 2005.
• It was determined that the positions taken by the Sunnyvale City Council on the 2005 ballot measures be placed on the City’s web site.
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STAFF: |
No comments |
INFORMATION ONLY ITEMS – Received and Filed
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RTC 05-307 Update on Community Linkages with the Sunnyvale Department of Public Safety
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RTC 05-328 Boards and Commissions Quarterly Attendance
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At 8:05 p.m., the Redevelopment Agency convened to meet in Joint Session with the City Council.
ROLL CALL – REDEVELOPMENT AGENCY
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PRESENT: |
Vice Mayor/Agency Vice Chair Ron Swegles
Councilmember/Agency Member Fred Fowler
Councilmember/Agency Member Julia Miller
Councilmember/Agency Member John Howe
Councilmember/Agency Member Melinda Hamilton
Councilmember/Agency Member Otto Lee
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ABSENT: |
Mayor/Agency Chair Dean Chu (excused)
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STAFF PRESENT: |
Amy Chan, City Manager/Executive Director
Robert Walker, Assistant City Manager
David Kahn, City Attorney/Agency Counsel
Robert Paternoster, Director of Community Development/Agency Secretary
Brice McQueen, Senior Management Analyst
Katherine Bradshaw Chappelear, City Clerk/Agency Clerk |
JOINT SESSION – PUBLIC HEARING/GENERAL BUSINESS
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4. |
ORDINANCE
RESOLUTION
RTC 05- 330
and RDA 05-015 |
Adoption of a Proposed Amended and Restated Redevelopment Plan for the Central Core Redevelopment Project Area to Update the Plan and Increase Tax Increment Collection for the Plan
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Councilmember/Agency Member Hamilton stated that, since she lives in the subject area, she is, on the advice of Agency Counsel, recusing herself from this item.
(Councilmember/Agency Member Hamilton left the dais.)
Brice McQueen, Redevelopment Manager, presented the staff report.
Councilmember/Agency Member Miller asked what effect Santa Clara County’s opposition to the Plan would have on the City.
Redevelopment Manager McQueen stated that if the Council/Agency approves the introduction of the proposed ordinance this evening and its adoption on November 22, 2005, the County would have 30 days after the ordinance’s adoption to challenge it in court.
Agency Secretary/Director of Redevelopment Robert Paternoster stated that the County routinely opposes such ordinances and that the Agency/Council can be assured that the City has met all legal requirements throughout this process.
City Manager/Executive Director Chan referred the Council/Agency to the City’s response to the County’s concerns, which is an attachment to the staff report, noting that they agree that the plan needs to go forward, but that the County wants to be reimbursed for any financial loss incurred by them.
Discussion was held regarding the difference in revenue to the taxing agencies with and without redevelopment taking place, how the amount of the $600 million tax increment cap was established, and how the pass-through to taxing agencies will occur, based on the existing cap.
At 8:21p.m., Vice Mayor/Agency Vice Chair Swegles opened the Public Hearing.
There was no one in the audience wishing to speak and Vice Mayor/Agency Vice Chair Swegles closed the Public Hearing.
Moved by Councilmember/Agency Member Miller and seconded by Councilmember/Agency Member Howe that Council take the following two actions: (1) Adopt a Resolution entitled, “Resolution Adopting Written Findings and Responses to Comments or Objections Received in Connection with Consideration of the Adoption of the Amended and Restated Redevelopment Plan for the Central Core Redevelopment Project in Accordance with the Provisions of Health and Safety Code Section 33363” and (2) Approve introduction of an Ordinance entitled, “An Ordinance of the City Council of the City of Sunnyvale Approving and Adopting the Amended and Restated Redevelopment Plan for the Central Core Redevelopment Project, and Making Certain Findings Pursuant to the Community Redevelopment Law of the State of California“ and declare that it be read by title only, and further reading waived.
Motion carried 5-1-1, with Councilmember Hamilton abstaining, having recused herself, and Mayor Chu absent. |
ADOURNMENT OF CITY COUNCIL
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At 8:25 p.m., Vice Mayor Swegles adjourned the City Council.
| Katherine Bradshaw Chappelear
City Clerk |
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